Trumps DOJ continues to rain nonsense 

Sex Discrimination Lawyer in Manhattan| Sex Discrimination Lawyer in the Bronx| Sex Discrimination Lawyer in Brooklyn| Sex Discrimination Lawyer in Staten Island| Sex Discrimination Lawyer in Queens| Sex Discrimination Lawyer in New York City| Sex Discrimination Lawyer in Long Island City| Sex Discrimination Lawyer in Maspeth| Sex Discrimination Lawyer in Sunnyside| Sex Discrimination Lawyer in Middle VillSex | Sex Discrimination Lawyer in Woodside| Sex Discrimination Lawyer in Ridgewood| Sex Discrimination Lawyer in Astoria| Sex Discrimination Lawyer in Jackson Heights| Sex Discrimination Lawyer in East Elmhurst| Sex Discrimination Lawyer in Kings County| Sex Discrimination Lawyer in New York County| Sex Discrimination Lawyer in Queens County| Sex Discrimination Lawyer in Richmond County| Sex Discrimination Lawyer in New Jersey| Sex Discrimination Attorney in New Jersey| Sex Discrimination Lawyer in Newark| Sex Discrimination Lawyer in Jersey City| Sex Discrimination Lawyer in Paterson| Sex Discrimination Lawyer in Woodbridge| Sex Discrimination Lawyer in Toms River| Sex Discrimination Lawyer in Hamilton Township| Sex Discrimination Lawyer in Clifton| Sex Discrimination Lawyer in Trenton| Sex Discrimination Lawyer in Camden| Sex Discrimination Lawyer in Cherry Hill| Sex Discrimination Lawyer in Passaic| Sex Discrimination Lawyer in Old Bridge| Sex Discrimination Lawyer in Bayonne| Sex Discrimination Lawyer in Vineland| Sex Discrimination Lawyer in North Bergen| Sex Discrimination Lawyer in Union| Sex Discrimination Lawyer in Hoboken| Sex Discrimination Lawyer in West New York| Sex Discrimination Lawyer in Perth Amboy| Sex Discrimination Lawyer in East Brunswick| Sex Discrimination Lawyer in West Orange| Sex Discrimination Lawyer in Sayreville| Sex Discrimination Lawyer in Hackensack| Sex Discrimination Lawyer in Elizabeth| Sex Discrimination Lawyer in Linden| Sex Discrimination Lawyer in Atlantic City| Sex Discrimination Lawyer in Long Branch| Sex Discrimination Lawyer in Manalapan| Sex Discrimination Lawyer in Rahway| Sex Discrimination Lawyer in Bergenfield| Sex Discrimination Lawyer in Paramus| Sex Discrimination Lawyer in Point Pleasant Beach| Sex Discrimination Lawyer in Weehawken| Sex Discrimination Lawyer in Wildwood| Sex Discrimination Lawyer in Livingston| Sex Discrimination Lawyer in Edison| Sex Discrimination Lawyer in Union City| Sex Discrimination Lawyer in East Orange| Sex Discrimination Lawyer in New Brunswick| Sex Discrimination Lawyer in Pennsylvania| Sex Discrimination Attorney in New York City| Sex Discrimination in Pennsylvania| Sex Discrimination Lawyer in Philadelphia| Sex Discrimination Lawyer in Pittsburgh| Sex Discrimination Lawyer in Allentown| Sex Discrimination Lawyer in Erie| Sex Discrimination Lawyer in Reading| Sex Discrimination Lawyer in Upper Darby| Sex Discrimination Lawyer in Scranton| Sex Discrimination Lawyer in Bethlehem| Sex Discrimination Lawyer in Bensalem| Sex Discrimination Lawyer in Lancaster| Sex Discrimination Lawyer in Lower Merion| Sex Discrimination Lawyer in Abington| Sex Discrimination Lawyer in Bristol| Sex Discrimination Lawyer in Levittown| Sex Discrimination Lawyer in Harrisburg| Sex Discrimination Lawyer in Haverford| Sex Discrimination Lawyer in Altoona| Sex Discrimination Lawyer in York| Sex Discrimination Lawyer in State College| Sex Discrimination Lawyer in Wilkes-Barre|

Trumps DOJ continues to rain nonsense

New York, NY – The Second circuit is not pleased with Trump’s DOJ’s unwelcome, unwarranted and, frankly, unpopular, amicus brief in Zarda v Altitude Express, , in which the administration takes the ill-informed stance that Title VII does not prohibit employers from discriminating against an employee on the basis of their sexual orientation.

This past Tuesday, Judges for the Second Circuit Court of Appeals heard arguments in Zarda, the case in which a sky diving instructor was denied a position because of their sexual orientation. Particularly, the court heard arguments on whether discrimination against gay workers is a form of sexual orientation discrimination under Title VII of the Civil Rights Act of 1964.

Back in July, Trump’s administration filed an amicus brief which made the administration’s stance clear, Title VII does not prohibit discrimination based on a person’s sexual orientation. It must be noted, an amicus brief means “friendly brief,” but it is better understood as a brief from someone who has no standing in the case but wants to make their opinion known anyway.

The most interesting thing about this hearing, is that the Department of Justice takes a stance that is in direct opposition to the stance the Equal Employment Opportunities Commission (EEOC) has taken. As both are departments under the executive branch of government, it is highly unusual that they would be butting heads on such a hot button issue.

Much of the dispute stems from the fact that the head of the EEOC has a fixed term limit, one that cannot be changed by *President Trump. *President Trump has made it a habit to fire as many people from Obama’s administration as possible. What’s even more curious, is that the Second Circuit is posed to follow the same course as the Seventh circuit in ruling that sexual orientation is protected under Title VII’s sex and gender discrimination provisions, as noted by Chief Judge Robert Katzmann of the 2nd Circuit.

EEOC attorney Jeremy Horowitz made the case for the commission, drawing attention to three key factors: 1) under a “but –for” standard for discrimination, anti-gay discrimination qualifies under as sex discrimination because, but for the gay persons sex, they would not suffer discrimination; 2) Horowitz’ sex stereotyping theory harkens back to the sex stereotyping standard under Price Waterhouse v. Hopkins,  which held that sexual orientation discrimination is a form of sex discrimination because gay people fail to confirm to traditional gender stereotypes, specifically, the stereotype of who they are expected to be attracted to; and, 3) under Horowitz’ associational orientation theory, he asserts that, in the same way miscegenation laws were discriminatory because they discriminated against individuals of different races who wished to marry, sexual orientation discrimination is discriminatory because it discriminates against individuals who are of the same sex.

Deputy Assistant Attorney General Hashim M. Mooppan was tasked with upholding Trumps stance on Title VII, stating that the position was a “radical reinterpretation of Title VII” that rests on a “parlor trick.”

The Second circuit has yet to rule on the controversial topic, however, all signs point to the second circuit adopting the same stance as the Seventh circuit’s Judge Richard Posner has taken, and ruling in favor of the broader reading of Title VII.

The skilled New York City sexual harassment attorneys at the Derek Smith Law Group, PLLC have years of experience litigating claims of the sexual orientation discrimination. Working closely with our Philadelphia sexual harassment attorneys, the Derek Smith Law Group has recovered hundreds of thousands on behalf of our clients. If you feel you have been discriminated against on the basis of your sexual orientation, then give our talented attorneys a call, toll-free, at 1877 4NYLAWS, for your free consultation.


Call today to schedule a FREE sexual harassment or employment discrimination legal Consultation in NY, NJ & PA with one of our top rated employment law or sexual harassment attorneys here at the Derek Smith Law Group. You can reach us online or by calling 877.469.5297. Our New York City, New Jersey and Philadelphia labor & employment law attorneys handle a variety of cases involving sexual harassment, racial discrimination, pregnancy discrimination, and other employment-related claims. We serve clients throughout New York, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We also have offices in New Jersey and Philadelphia to serve you.

Make Sure Your Lawyers Have the Verdicts To Back Up Their Negotiations – Results Matter!

Derek Smith Law Group, PLLC | Top Rated Employment Law Attorneys Representing Employees Exclusively.
     
New York Office
1 Pennsylvania Plaza, 49th fl.
New York City, NY 10119
Phone: 877-469-5297
Fax: 212-587-4169
Click for street directions »
Philadelphia, PA Office
1845 Walnut Street,
Suite 1600
Philadelphia, PA 19103
Phone: 215-391-4790
Click for street directions »
New Jersey Office | Hewitt
73 Forest Lake Drive
Hewitt, NJ 07421
Phone: 800-807-2209
Fax: 212-587-4169
Click for street directions »
New Jersey Sexual Harassment Lawyer | New Jersey Gender Discrimination Attorney | New Jersey Workplace sexism Area of Practice Links:
Labor & Employment Law
Workplace Discrimination
New York City Sexual Harassment Attorney
New Jersey Sexual Harassment Attorney
Philadelphia Sexual Harassment Attorney
Wrongful or Retaliatory Termination
Overtime Wage & Hour Violations
Employment Law Resource Page
Free Consultation with a New York City, New Jersey and Philadelphia Employment Discrimination and Sexual Harassment Lawyer 

Our Labor & Employment Attorneys offer a Free Consultation and we charge No Fee Unless We Recover For You